The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-19
ATTORNEY GENERAL HORD.
His Opinion Relating to the Vacancy
in the Lieutenant-Governorship.
The Arguments He Used, and the Authorities
lie Cited Showing that an Election
Must Be Held i'm November Last.
rinted from the Journal of Aug. 6. 1886.

Reprinted from the Journal of Aug. 6. 1886
Encouragement Hord Yesterday afternoon
sent to the Governor an official opinion, answer
ing the questions addressed to him relating to
the election of Acknowledgement this fall to
fill the vacancy occasioned BY General Mansions
relineuishng the Office for the Terre Haute col
lectorship.
Inc Attorney general in answer to the Gov
ernor's question, asking if the vacancy should be
hiied at the general election this fall says: The
ONCE OF Lieutenant-governor, under the Consti-
tuition OF Indiana. becomes an essential factor in
the proper administration of the affairs Of the
State. He is elected for the term of four years
(R s., 1881. Sec 1881, and, by virtue of his Of
flee, ne is President of the Senate, with right.
when IL committee Of the whole, to join in de-
bate and to vote on all subjects, and whenever
the Senate shall be equally divided he shall give
the casting vote. (R. S., 1881. Sec. 147 Section
~ or Article of the Constitution provides that
each House when assembled shall choose its
own officers, the President of the Senate ex-
cepted IL. s.. 1881, Sec LOG. This clause Of
the Constitution is to be considered in connection
with Section IL, Of Article OF the Constitution
which provides Whenever the Lieutenantgov-
ernor shall act as Governor, or shall be unable
to attend as President of the Senate, the Senate
snail eject one of its own members President
TOT she OCCASION Il. s., 1881, Sec 49, This
clause presupposes that there is Lieutenant
governor. Under these provisions Of the Consti-
tuition the Senate may elect temporary presid-
Ing officer when the ACKNOWLEDGEMENTS shall
act as Governer, or he shall be unable to attend
! AZ Prasid a11. OF o. The tbs Senate.
Section 10 of Article 5 Of the Constitution
provides: In the case Of the removal of the
Governor from Office, or of his death, resigna-
ton Or inability to discharge the duties of the
ONCE. IA thn VT.
governor, and the General Assembly shall, by
law, provide for the case of the removal from
office: death. resignation inability, both of
the Governor and Lieutenant governor, declar
Ing what officer shall then act as Governor, and
such officer shall act accordingly until the disa-
bllity be removed a Governor be
elected (R. s., 1881, Sec. 136 In pursuance
OF said clause OF the Constitution. the General
Assembly OF 1867 enacted the following statue
In case of the removal from Office. DEATH resg-
nation or inability of both Governor and Lieu
tenant-eovernor, vacancy occurs in the Office
of Governor, the President of the Senate shall
act as Governor until the vacancy be filled, and
ii there be no President of the Senate, the Sec
rotary of State shall convene the Senate for the
purpose of electing President thereof r. s,
1881. Sec. $685. This provision of the statue is
operative only when there is vacancy tho
offices of both Governor and Lieutenant gov
ernor and in sucn event the President of the
Senate shall become acting Governor until the
vacancy be filled, and such vacancy should be
filled at the next ensuing November election.
Or. s., 1884, Sec. 4678
tine Lieutenant governor is State officer
He Is elected by the whole people of the State.
He presides over branch of the General AS
sembly, that legiSlateS for the whole State, and
upon the removal, resignation or death of the
| Governor he becomes acting Governor of the
State He is member of the State Board Of
Equalization that passes on the, taxes of the
State. The Constitution declares when. during
a recess of the General Assembly, vacancy
in nfH fho fp,ap r
which is vested in the General Assembly, or
when at any time a vacancy shall have occurred
in any other State office, or in the Office of judge
of any court, the Governor shall fill such vacancy
| by appointment which shall expire when sue
cessor shall have been elected and qualified (R.
| s. 1884, Sec. IA
1T is the policy of the law that when the reg
| ular order is broken by a vacancy, the Office in
which 1t occurs shall not remain untitled longer
| than necessary, but such Office, as far As posi-
/ BILE. should be bestowed upon the incumbents
| by the voters, and an Office should be filled By
/ appointment only until the voters can themselves
| fill it at regular election. (The State ex rel
Ault vs. Long, 81 Ind, $751; 35G; Parmater VS.
State, 102 Ind, 90.)
1.-THE Constitution provides: All general
elections shall be held on the first Tuesday after
elections may be held at such time as may be
provided by law (R S.. 1881, Sec. 95.) The
| statute provides: "A general election shall be
| held on the first Tuesday after the first Monday
| elgN
| hundred and eightv-two, and bienially thereafter
| on the same day, at which election all existing
vacancies in Office, and all offices the terms Of
| which will expire before the next general cleo
ton thereafter, ehall be filed, unless otherwise
| provided by law jR. s.. 1881 Sec. 4678)
| ut has been urged that, in some instances
the Lieutenant governor has succeeded to tn.
Office of Governor by the resignation death o
| the dovernor. and vacancy was there by created
in the Office of Acknowledgements which was
al hat
such practice ought to control the decision of the
question presented by your inquiry. Section II
OF Article of the Constitution provides that III
case of the removal of the Governor from
inability to discharge the duties of thu
Office, the same shall devo!ve on the Lieutenant
governor tR. S.. 1881, Sec. 1856 Section % o
Article provides: The Lieutenant-governor
while he shall act as President of the Senate
shall receive for his services the same compensa
ton as the Speaker of the House of Representa-
tives. and any person acting as Governor shall
receive the compensation attached to the offic
of Governor. (R. S., 1881, Sec. 149.) The Lieu
tenant governor, in entering upon the duties o
acting Governor, is not required to take an add
tional oath Of Office. Justices opinion, 20 Me.
$40, 593-4 The Lieutenant governor become
Of the Governor by virtue of the Constitution
and the duties of Governor devolye upon him
and he is entitled to the emoluments of the Office
and his performance of its duties does not OF
crate as resignation or vacation of the Office
ACKNOWLEDGEMENTS. Chadwick vs.. Earhart
II Oregon, 3S9, 1874: The People ex rel. Churc
vs. Hopkins. So N. Y. IA The Constitu
ton of the State of Oregon provide
that in case of the removal of the Governo
from Office. or Of his death. resignation or il
ability to discharge the duties of the Office, tn
, same shall devolve on the Secretary Of State
In Chadwick vs. Earhart. SUPRA the court i
constituting this clause of the Constitution sale
. If the nomination appointment to offc
/ be by description personarum Of one who hold
some Office by the title Of which he is described
and who on some contingency is to enter and Fl
another Office. the answering the description
the time the contingency arises designates hil
as the person who is to enter and fill the Office
= and when as thus designated he enters into tn
office. he holds it in his natural and not in hi
official capacity This seems to be the princip
which applies when the Office of Governor O.
wolves on the Secretary of State, on the happier